Short Note : 1. This is a judgment-debtor's second appeal arising out of execution of a decree for eviction of a tenant from an accommodation. The judgment-debtor resisted execution of the decree on the ground that after the decree which is being executed had become final, the decree-holder landlord accepted rent from the judgment-debtor for the accommodation which resulted in the creation of a fresh lease between the parties in respect of that accommodation. On this basis it was alleged that the decree for eviction could not be executed. 2. Both the Courts below, on appreciation of the evidence led on this point, have negative the judgment-debtor's plea of a fresh lease being created in this manner after passing of the decree which is being executed. 3. Held: The only ground on which creation of the alleged fresh lease is asserted by the judgment debtor is that rent for the accommodation was accepted by the decree-bolder from the judgment debtor and receipts were issued mentioning therein the particulars of the suit which led to the passing of the decree for eviction Obviously the creation of a fresh lease is a question of fact and the intention of the parties while making the payment and accepting rent is an important factor. In a case like the present where payment of rent alone in this manner is relied on to support the plea of a fresh lease, the judgment- debtor's pica cannot be accepted unless the acceptance of rent by the decree-holder is inconsistent with the decree-holder's stand denying the creation of a fresh lease Mention of the particulars of the civil suit which led to the passing of the decree for eviction while issuing receipts evidencing the fact of payment of rent is a strong circumstance to repel the judgment-debtors case of a fresh lease. That apart it has been found as a fact, on appreciation of the evidence led by both the sides, that the judgment debtor bas failed to prove the creation of a fresh lease between the parties after passing of the decree for eviction. There is no ground to interfere with the finding of fact in this second appeal which is based on evidence and is otherwise also a reasonable conclusion. This appeal must therefore fail. Appeal dismissed.